Juvenile Justice System SS 8 CG 6 Can

Juvenile Justice System SS 8 CG 6

Can we avoid going to trial? ? Are there Peaceful Solutions? ? http: //www. gpb. org/georgiastories/cops_and_robbers

What Rights Do Juveniles Have? ? ? Are these right different from Adults?

Deliquent & Unruly Behavior - Juveniles • Delinquent Behavior • Criminal based on adult law • theft, assault, possession of drugs, rape, and murder. • If the act is serious enough, the juvenile may be charged as an adult and be subject for adult penalties • Unruly Behavior • Not a criminal based on adult law. • possession of alcohol or cigarettes, leaving home without permission of their parents or guardians, breaking curfew, skipping or not attending school (truancy), driving without a license, or not abiding by the reasonable commands of parents or other adults. • If a child commits these acts, they may be placed in a juvenile detention center.

Juvenile Rights – When in custody Probably Cause is all that is needed • The right to have a parent or guardian present before they can be questioned by authorities • The right not to have their names or photographs made public • The right to two phone calls (parent and attorney) • The right to not self-incriminate and to be counseled on what selfincrimination is • The right not to be placed with adult offenders • The right for parents to be contacted immediately

Steps in the Juvenile Justice Process Intake Officer Brought to an intake officer who decides if there is enough evidence to make a charge against them. Release or Detained Ø If not enough evidence; released to their parents/guardian; Ø If there is enough evidence, they are held in a youth detention center or adult prison depending on the crime. Ø If detained, there must be a hearing within 72 hours to determine if proceedings should continue Informal Adjustment (optional if a juvenile is a first time offender) Must admit guilt to the judge & is under the supervision of the courts for 90 days. Disposition Hearing Judge hears witnesses and determines the punishment for the juvenile. Adjudicatory Hearing The judge determines the juvenile’s guilt or innocence. Juries do not hear juvenile cases. Sentencing The judge rules on the juvenile’s punishment, which can include boot camp, probation, the youth detention center, fines, and/or mandatory counseling and school attendance. Appeal Ø The juvenile can appeal the ruling if there is enough evidence to prove that they were innocent.

The Seven Most Serious Delinquent Behaviors There are seven specific offenses that, if a child between the ages of 13 -17 commits, will be tried as an adult 1. Murder 2. Voluntary manslaughter 3. Rape 4. Aggravated sodomy 5. Aggravated child molestation 6. Aggravated sexual battery 7. Armed robbery with a firearm

Each offense is under the jurisdiction of the state Superior Court Juveniles will be charged as an adult. If sentenced the child may go to a juvenile detention center until old enough to be placed in an adult prison. There also offenses where the juvenile court can determine if a child should be charged as a juvenile or an adult. This can be: • If age 15 & is charged with a delinquent act; or • If age 13 or 14 & committed an act where the punishment would be the death penalty or life imprisonment for an adult. If the child commits one of these offenses, then a hearing is called to determine if the child will be tried in a juvenile or Superior court.

Criminal Justice and the Juvenile Georgia Stories: http: //www. gpb. org/georgiastories/criminal_justice_and_the_j uvenile

Adult Justice System Felonies • Serious crimes • Arson, murder, rape, cruelty to animals, and grand theft. • Minimum sentence is no less than one year in jail. • Capital crimes. • Punishable by death crimes include murder, kidnapping with bodily injury, aircraft hijacking, and treason. Civil Criminal Misdemeanors • Less serious • Assault and battery, shop lifting, and trespassing. • Punished with less than a year in prison and a fine.

Criminal Law Civil Law • Deal with relationships amongst individuals or groups. • Involves compensation based on injury or wrong doing. • TORT: A civil wrong doing against an individual • Note: A person can be charged with both criminal and civil wrong doing for the same action. • For example a person can be acquitted of murder in his/her criminal case and can also be found guilty of wrongful death and ordered to pay damages in his civil trial. • Protect society from wrong-doers. • Punishable with fines, community service, prison, and sometimes even death.

On a piece of paper, put these in order: • • Booking Jury Deliberation First Appearance Preliminary Hearing Presentation of Evidence Appeal Grand Jury Assignment before Superior Court • • • Arrest Admission of Guilt / Plea Bargain Sentencing Selecting Jury Opening Statement Closing Statement

Pretrial Process Arrest q Evidence q Taken into Custody Booking q Official Arrest q Local Jail 1 st Appearance q Magistrate Ct q Explain Charges q Released on Bail Preliminary Hearing q Magistrate Judge q Was Crime Committed q Probable Cause of involvement Grand Jury Indictment q Citizens make up Jury q Determine Guilt / Innocence q If Suspect claims not guilty; goes to trial Assignment b/4 Superior Court Ø Suspect Arraigned before judge Ø Official statement of guilt / innocence Admitting Guilt / Plea Bargaining

Trial Process Closing Statement Ø After all evidence and witnesses have spoke, both attorneys present their final argument Jury Deliberation Presentation of Evidence Selecting Jury Ø 12 citizens Ø Questioned by Defense and Prosecutor and Judge Ø Witnesses give testimony Ø Starts with Prosecutor Ø Defense cross examines witnesses Ø Discuss defendant’s guilt / innocence Ø If not guilty – defendant is released Ø If guilty – defendant receives sentence Sentencing Ø If guilty, judge sentences defendant Ø Includes time in prison and/or fines Appeal Opening Statement Ø Attorneys speak directly to jury to explain what they hope to prove Ø If innocence is maintained or mistakes were made Ø Defendant can make appeal with appellate court Ø Appellate court will review case Ø If overturned – go back superior court for new trial

Foundations of Govt. • The Georgia Constitution is based on many of the same principles as the United States Constitution and is structured similarly. • It begins with a preamble and is followed by eleven articles that address the different branches and duties of government.

Preamble • Georgia’s preamble is a short paragraph that states the purpose of the constitution and gives the reasons for its existence. • Georgia’s Preamble: “To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution. ”

Articles • Article I – Bill of Rights • Article II – Voting and Elections • Article III – Legislative Branch • Article IV – Constitutional Boards & Commissions • Article V – Executive Branch • Article VI – Judicial Branch • Article VII – Taxation and Finance • Article VIII – Education • Article IX – Counties & Municipal Corporations • Article X – Amendments to the Constitution

Separation of Powers • Like the government of the United States, Georgia’s government is divided into three different parts. • Each branch has a different role, which is called separation of powers. • The legislative branch (General Assembly) makes the laws that citizens must obey. • The executive branch (governor) is the head of the government who enforces the laws. • The judicial branch (courts) interprets the laws.

Rights & Responsibilities of Citizens

Rights • The US Constitution and the Georgia Constitution both give all citizens basic rights. • Rights are standards that keep institutions from harming people’s freedom. • The Bill of Rights in Georgia’s Constitution lists the rights of the citizens: • Right to freedom of speech and religion, right to keep and bear arms, right to trail by jury, right to a lawyer, etc.

Responsibilities • Along with rights come rules and responsibilities. • Laws made by the government protect people’s rights. • As citizens, we have responsibilities to take care of ourselves, respect the rights of others, and obey rules and laws.

Examples: • The Constitution grants the right to freedom of religion; however, worship must obey the laws of the state. It cannot be immoral or harm people. • It also grants the right to bear arms, but people must obey the laws that deal with owning and carrying guns.

2 Party System • There are two main political parties in the US: Democratic Party and Republican Party. • Although there are other parties, one of the two major parties usually controls the government (on a national level and in Georgia). • From time to time, people feel that neither party represents their ideas and third parties are formed to challenge the two major parties. • Third party candidates rarely win elections; however, they are valuable because they introduce new ideas or issues that should not be ignored.

Functions • Recruiting and nominating candidates • Educating voters about campaign issues • Helping candidates win the elections • Monitoring the actions of the elected official

The Pledge • In 1935, the Georgia legislature adopted the Pledge of Allegiance to the Georgia Flag. • “I pledge allegiance to the Georgia flag and to the principles for which it stands: Wisdom, Justice, and Moderation. ” • The three important principles of the Pledge of Allegiance are the same ones displayed on the coat of arms.

3 Principles • Wisdom reminds the legislative branch to be wise in creating laws. • Justice appeals to the judicial branch for fair and just decisions. • Moderation urges the executive branch to carry out laws calmly within the boundaries of the law.

Organization of Executive Branch 1. Largest branch of Georgia’s government. 2. Governor is the highest position responsible for enforcing the law Georgia Stories: http: //www. gpb. org/georgiastories/executive_branch

Executive Offices Governor • • • 30 years old Resident of GA for six years U. S. citizen for 15 years • Two 4 year terms • Every 4 years (even numbered years) • • Oversees operation of executive branch Chief law enforcement officer Commander-in-chief of state’s military Proposes annual budget Recommends new laws Gives “state of the state” address Fills government vacancies Call special sessions of the General Assembly • • Serves as spokesperson for the state of GA Leads trade delegations Serves as party head Issues proclamations Lieutenant Governor Qualifications • • • 30 years old Resident of GA for six years U. S. citizen for 15 years Term • 4 year terms (unlimited) Election • Every 4 years (even numbered years) Formal Powers • • Presides over the Senate Acts as the state’s chief executive when the governor is out of the state. Informal Powers N/A

Fulfilling its role through agencies Dept of Education -Founded in 1870 -oversees public education -ensure “education-related laws are obeyed -state and federal funds are properly allocated Dept of Economic Development -Bring economic development -Promotes Georgia as a “go-to location for film, music, digital entertainment, and the arts. ” Dept of Natural Resources -Administer and enforce laws that relate to natural resources; (rivers and lakes). -Operates Georgia’s state parks -Preserves the state’s historical sites. -Enforcing hunting, fishing, and boating laws. Dept of Public Safety -Created in 1937 -Protect citizens and their property. -Include the Georgia Highway Patrol, the Capitol Police, and the Motor Carrier Compliance Division. Reports to Governor Dept of Transportation -Role in all four of the major transportation systems -Responsible for planning, constructing, and maintaining Georgia’s roads and highways. -Eight offices throughout the state. -(HERO) trucks that quickly respond to highway accidents and stranded motorists.

Article III They make our laws General Assembly (Bicameral) House of Representatives Senate

Members of the General Assembly Qualifications, Term, Election, and Duties Georgia State Senate Member Georgia State House of Representative Member Qualifications -25 years old -Resident of GA for two years -Resident of the district for at least one year -U. S. citizen -21 years old -Resident of GA for two years -Resident of the district for at least one year -U. S. citizen Terms 2 years Election -November, even numbered years Duties -Serving on standing committees -Pass state’s operating budget -Enacting laws -Redistricting (every 10 years) -Vote to place Constitutional Amendments on the election ballot (2/3 vote)